OK, We Fabricated and Forged the Documentation. So What?

As Bill Paatalo (who brought this to my attention) says: “You can’t make this s–t up.” Reality is much stranger than fiction. This marks the point where we have entered the Twilight Zone in law where the rule of law is just a guidepost not to be confused with the real rule of men.

Sheila Bair  was forced out of the Chairmanship of the FDIC by Geithner when it became obvious that this was a game she was unwilling to play. Even worse she was making her opposition public, essentially saying that the government was becoming complicit in a criminal conspiracy (not her exact words, publicly but evidence suggests she said exactly that to Geithner and probably Obama).

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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seeFOIA Request Reveals Servicer’s “Justification” for Fraud In Fabricating Limited Power of Attorney from FDIC

FACTS as admitted by the Servicer: They fabricated and forged documents to create a chain of title. They justified it on grounds that it would be cost prohibitive to get a title report and then request or demand execution of affidavits and other documents that would clear up the presently fatally defective chain of title. The present title shows that they have no legal ownership or other interest in the loan. The fabrication and forgery is just an efficient way to change title, such that it reflects the self proclaimed interests of parties who wish to enter the foreclosure arena.

If you don’t see what is wrong with that, I don’t know why you are reading this article.

By the same logic Homeowners could do the same thing — fabricate and forge satisfactions of mortgage, with one minor exception, to wit: Homeowners go to jail for such activities whereas banks continue to suck the lifeblood out of the American and indeed the world economy.

And THIS is why, according to all legal doctrine until the securitization era began, no party to litigation was entitled to a legal presumption of facts when they had engaged in patterns of conduct in which they had forged, fabricated or otherwise attempted to use self-serving documents that were neither official documents nor otherwise credible. The fact that presumptions continue to be used shows just how much the courts have thrown themselves behind a political decision rather than coming to legal decisions.

Presumptions are simply procedural gimmicks to assume in evidence that which is obvious and credible. Up until now they were not used, nor was their use affirmed on appeal, when the facts assumed were not obvious and subject to doubt as to credibility.

There is no workaround on that — it is in every book, treatise, article and case decision on evidence — until now. Where there was any doubt about whether the “presumption” depended upon a self serving document prepared for trial, the simple fall back position, never reversed on appeal, was that the party seeking to apply legal presumptions in proving their case, had to prove the facts without the presumptions.

So this “explanation” of bad behavior made right might be reframed like this: “It’s not economical for us to try you for murder so we are just going to presume you did it.” There is a simple fix to this obvious breach of due process: force the state to actually prove each fact instead of relying on presumptions or assumptions. That is all we ask — make the foreclosing party prove each element and each fact of their case.

Try a due process pilot program as if due process was just a suggestion. Force the foreclosers to prove each element and each fact of their case. If any of them win based upon actual facts that prove the convergence of the money trail and the paper trail then fine, keep presuming that the foreclosers are entitled to a presumption. But if they can’t prove that the way everyone had to before the mortgage meltdown, then they should lose the right to prove liability by legal presumption and lose the right to prove damages by legal presumption.

Remember even in a default situation they still must prove actual damages. Spoiler alert, they can’t. They have no person or entity that they can point to and say “Yes, they are the obligee of the debt and we represent them.”

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Definition of Obligee:

The individual to whom a particular duty or obligation is owed.

The obligation might be to pay a debt or involve the performance or nonperformance of a particular act.

The term obligee is often used synonymously with creditor.

Definition of Obligor:

The individual who owes another person a certain debt or duty.

The term obligor is often used interchangeably with debtor.

5 Responses

  1. Our home was illegally foreclosed with a defective and late assignment after closing date of the CWABS trust and, that too when there was an alleged 30 days default claimed by the previous alleged mortgagee, namely, Bank of America. Under the circumstances transfer of Note is impermissible with the trust laws.

    Our home is foreclosed by Bank of New York Mellon. What do we do now?

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  2. Maxim – Fraud is odious, and not to be presumed.

    Like

  3. Reblogged this on Deadly Clear.

    Like

  4. What I submitted to Fed Gov Offices is the crime committed by banks with 800,000 FHA, VA, USDA loans that requested HAMP. FHA HAMP, VA HAMP, however, they were not reviewed for the modification and instead illegally foreclosed.

    As with my 2012 SEC Whistleblower claim, I show Wells Fargo Bank handling of the Washington Mutual Bank (WaMu) Ginnie Mae pools 1.3 million FHA, VA, USDA as of Sept 25, 2012, WaMu stop existing and so did any contract that they had with the homeowners, because they physically transferred to Ginnie with Wells as the custodian of records.

    Loans must only have one debtor for the 1st mortgage debt, as the lender/issuer that creating the Ginnie MBS must be able to endorse in blank the Note and relinquish it to Ginnie. However, once the transfer occurs it is legally impossible to return the Notes as they were not purchased by Ginnie, and Ginnie not listed on the Note as a buyer and does not have proof of purchase as they are not authorized to purchase this debt!

    You got as least 104,000 illegal foreclosures during 2009-2010 and what left of the 1.3 million loans not obligated to any Note because WaMu does not exist!

    Like

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